Facing termination after medical leave may signal FMLA retaliation and violations of your job protection rights. Review common warning signs, legal options, and how an experienced California FMLA attorney can support your claim.
By Brad Nakase, Attorney
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The majority of jobs in California are “at-will,” much like in many other states. This implies that you have the freedom to quit your job whenever you or the company chooses. When a significant personal matter necessitates a significant amount of time away from work, this policy may exhaust you. You would like to maintain your career, but you also want to take some time to support a loved one or heal. The FMLA comes in.
The FMLA often provides up to 12 weeks of leave (unpaid) each year. This is to address specific family and health concerns. The law also mandates that your employer maintain your employment and benefits when you’re taking time off for specific family and personal reasons.
The majority of individuals are unaware of their legal rights regarding medical leave. You need a California family medical leave statute lawyer if you believe your employer has violated your rights.
An employee should be reinstated in their current role with the same compensation and benefits upon returning from medical leave. In terms of compensation, benefits, schedule, shift, location, and working circumstances, including privileges, perks, and status, the employee has the right to the same position or one that is comparable to, that is nearly equal to, their previous employment.
The duties and obligations of the position must be the same or essentially similar, requiring comparable authority, expertise, effort, and responsibility.
In California, you might not immediately consider legal issues when you lose your work shortly after taking family medical leave. Instead, you might observe shifts in the way your employer acts or treats you. Workers frequently seek legal counsel regarding FMLA wrongful termination because of medical leave when certain patterns occur frequently enough to cause severe concerns.
One trend is when your employer announces that your role has been abolished. This is soon after you come from leave. A logistics or warehouse worker returns expecting to resume the regular responsibilities. They are informed that the organization has “restructured.” They aren’t part of the team. When there were no earlier signs that the employment was in danger, the timing may represent a serious red flag.
Abrupt discipline following years of satisfactory performance is another trend. When a disabled employee returns to work after being dismissed due to medical leave, they may be met with performance plans that have never been used before, write-ups, or severe criticism. This change may feel more like an FMLA wrongful termination tactic than standard performance management if it only takes place following a family medical absence.
Seeking the assistance of attorneys who have represented clients similar to yourself in similar situations is highly prudent. An FMLA attorney in California can help you in important ways.
1. Analyzing your case
Consulting with a California FMLA wrongful termination lawyer is usually the first step in the recruiting process. You are here to explain why you think your employer violated the law.
An attorney can decide if you should file a lawsuit during the initial session. You have the opportunity to ask questions regarding your case as well.
To guarantee a successful first encounter at a California FMLA legal office, get ready in advance by doing the following:
2. Investigating
One of the most important tasks is investigating the matter at hand. It is necessary for you to collect proof that the conduct or maltreatment of you by your employer violates the FMLA.
You probably don’t have the opportunity or means to carry out this inquiry on your own. You don’t have to. An experienced FMLA lawyer in California can take care of this for you.
3. Fulfilling administrative duties
If you are seeking justice for an employer who has violated the law, you do not have to put yourself through the trouble of filing documentation. Depending on the specifics of the FMLA wrongful termination, you may currently be dealing with a lot of difficulties. Hire a legal professional to help you with administrative responsibilities rather than making things worse by doing them yourself.
4. Compensation Calculation
When you file a lawsuit against an employer you think has broken FMLA regulations, your main objective is to make sure that justice is done. However, you may not be aware of the precise shape that “justice” might take in certain situations.
This is just another justification for hiring a knowledgeable lawyer. To decide what kind of result you ought to aim for, they can take into consideration how an employer’s actions have affected your life.
Have a quick question? We answered nearly 2000 FAQs.
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